Ireland Electricity Market Regulations SI 37: Active Customer Rights Guide

Key Takeaways

• S.I. No. 37 of 2022 is officially cited as the European Union (Internal Market in Electricity) (No. 2) Regulations 2022.
• An active customer consumes or stores self-generated electricity, provided this is not their primary commercial activity.
• The distribution system operator must install smart metering systems in all premises with conventional meters and new connections.
• Non-compliant smart metering systems must be out of operation by 5 July 2031.

Understanding S.I. No. 37 of 2022

S.I. No. 37 of 2022, formally known as the European Union (Internal Market in Electricity) (No. 2) Regulations 2022, establishes key provisions for Ireland's electricity market. These regulations address the rights of active customers, mandate smart metering deployment, and define terms relevant to energy flexibility. We checked on 23 August 2026 that these regulations are published on the Irish Statute Book.

Defining the Active Customer

The regulations provide a specific definition for an "active customer." An active customer is "a final customer, or a group of jointly acting final customers, who consumes or stores electricity generated within its premises located within confined boundaries or within other premises or who sells self-generated-electricity or participates in flexibility or energy efficiency schemes." A crucial qualifier states "provided that those activities do not constitute its primary commercial or professional activity." This means individuals or businesses primarily engaged in solar self-generation for their own use, or selling surplus, fall under this definition.

The regulations also define "distributed generation" as "generating installations connected to the distribution system." This clarifies the scope for active customers with their own generation assets.

Smart Metering Mandates and Data Access

The regulations place clear obligations on the electricity sector regarding smart meters. The "distributor systems operator shall install smart metering systems in all premises (a) in which a conventional electricity meter is installed, and (b) to which a new electricity connection is to be made." This mandate aims to modernise Ireland's electricity infrastructure.

The Commission for Regulation of Utilities (CRU) plays a central role. The Commission "shall strongly recommend that electricity undertakings and other market participants optimise the use of electricity, including by (a) providing energy management services, (b) developing innovative pricing formulas, and (c) introducing smart metering systems that are interoperable." Furthermore, the Commission "shall ensure that smart metering systems are interoperable and have the ability to provide output for consumer energy management systems."

A critical deadline is set for existing meters: "Smart metering systems that do not meet the requirements of Article 20 and Annex II shall not remain in operation after 5 July 2031."

To ensure transparency and consumer control, "The Commission shall develop and publish a Smart Meter Data Access Code." This code will define "eligible parties" as "persons authorised under the Smart Meter Data Access Code to access smart meter data, in accordance with the provisions of that Code."

Flexibility and Market Participation

The regulations acknowledge the importance of demand response in the electricity market. "Demand response means the change of electricity load by final customers from their normal or current consumption patterns in response to market signals, including in response to time-variable electricity prices or incentive payments." Active customers are entitled to access flexibility markets and receive Clean Export Guarantee (CEG) market remuneration. The CRU oversees the National Smart Metering Programme (NSMP) rollout via ESB Networks DAC.